GB Legal Associates
PCT, Paris Convention and EPO

International Patent Filing from India

To protect an invention outside India, file first in India, then within 12 months either file one PCT international application, which keeps more than 150 countries open until the national phase at 30 or 31 months, or file directly in each country under the Paris Convention. Indian residents must also satisfy the foreign filing licence rule in section 39 before filing abroad.

Reviewed by a Registered Patent Agent, GB Legal Associates · Updated

Filing routes from our Vashi office. Select a destination for the patent route.
Choose a route

Which route suits your invention?

Every route starts from a priority date. What changes is how long you keep the decision on countries open, and how much you spend before you make it.

  • Route 1Indian Patent Office (RO) → WIPO

    PCT international application

    One application within 12 months keeps every PCT state open until 30 or 31 months from priority.

    Suits you when

    • Several possible countries
    • Time to test the market or raise funds
    • A search report before major spend

    Watch: National phase deadlines are strict and costs arrive together.

    PCT international application
  • Route 2Each national office

    Paris Convention filing

    Direct applications in the countries you already know you need, within 12 months of priority.

    Suits you when

    • One or two certain markets
    • Faster examination in a key country
    • A budget you can commit now

    Watch: All national costs fall at month 12; no later additions with priority.

    Paris Convention filing
  • Route 3European Patent Office

    European patent

    One EPO examination for up to 39 states, then validation or a Unitary Patent for participating EU states.

    Suits you when

    • Several European markets
    • One examination in English
    • Unitary Patent coverage in one step

    Watch: Validation and annual fees grow with each state.

    European patent

What must happen before an Indian invention is filed abroad?

Two things: a priority date and clearance under section 39.

The priority date is the date of your first application anywhere. For most Indian applicants it is an Indian provisional or complete application. From that date you have 12 months to file abroad and claim it, under the Paris Convention and section 135 of the Patents Act. Publications and products released after the priority date do not count against you, but a disclosure before it can destroy novelty in most countries.

Section 39 applies to any person resident in India. Such a person may not file a patent application outside India for an invention unless either an application for the same invention was filed in India at least six weeks earlier and no secrecy direction was issued, or the Controller has granted written permission on Form 25. Breaching section 39 can lead to the Indian application being treated as abandoned, a granted patent being revoked, and penalties. It applies even when the inventors work for a foreign company, so check where each inventor lives before a priority filing is made abroad.

Where foreign patents are decided

There is no world patent. Each country, or regional office such as the European Patent Office, grants its own patent under its own law. The PCT only centralises the filing, search and an optional preliminary examination; grant always happens in the national or regional phase.

How do the PCT and Paris Convention routes compare?

How do the PCT and Paris Convention routes compare?
PCT international applicationParis Convention (direct)
When to file
Where to file
Countries kept open
Decision on countries
Search report
Costs
Suits

How does a foreign patent filing work with us?

  1. Before filing

    Priority filing in India

  2. Months 1–10

    Strategy and drafting

  3. By month 12

    PCT or Paris filings

  4. Months 16–22

    International search

  5. By month 30/31

    National phase

Questions about international patent filing from India

Can I file a patent abroad first and in India later?
What is the latest date to file abroad?
Is a PCT application an international patent?
When is the PCT national phase deadline?
Can the Indian Patent Office carry out the international search?
Which countries should a startup choose?

Official sources

  1. 1.WIPO: Patent Cooperation Treaty
  2. 2.WIPO: PCT national phase time limits
  3. 3.Patents Act, 1970, as amended to 1 Aug 2024 (IP India)
  4. 4.IP India: PCT, ISA and IPEA
International desk

Tell us your countries.

Send the mark or invention and the countries you have in mind. A registered agent replies in writing with the route, the steps and the official fees, within one working day.

Confidential. Reply within one working day. Never shared.

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